Child Support Laws: How To Stop Garnishment Of Wages

mens divorce lawyer William BackerQuestion:

My ex-wife’s parents have child custody of my 21-year-old daughter, who now has a child of her own and no longer lives with her grandparents.

Seemingly out of nowhere, my paychecks started being garnished for child support even though it was determined my ex-wife should be the one paying child support after I no longer owed my share of back child support. My daughter told me the money is going to her grandparents.

What can I do to keep the state from garnishing my paychecks for a child support order that I don’t believe should exist?

Answer:

I am only licensed to practice law in Missouri so I am unable to give you legal advice on divorce in your state. I can give general divorce help for men, though.

Although your daughter has told you that the money that is being garnished is going to your ex-wife’s parents, you should first confirm the source of the garnishment. Your employer should be able to provide information to confirm the source of the garnishment.

Your question states that there was a determination that you did not owe back child support, and that your ex-wife was ordered to pay child support, but your question does not state whether there was or is still a child support order entered against you.

If there is a child support order entered against you, you could file with the court an Affidavit for Termination of Child Support and claim that your daughter is emancipated.

Since she is now living on her own, you could claim that she is not entitled to parental support since she is self-supporting and not under the “parental” control of her grandparents.

Remember, I have only provided you with general information, not financial advice on divorce.

To schedule an appointment with a Cordell & Cordell attorney, including William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.

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4 Comments on "Child Support Laws: How To Stop Garnishment Of Wages"

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Kim Fields
6 months 8 days ago

My fiance owes almost 200,00 in back child support. When we marry could they garnish my, income, social security and annuity payments?

Carlos Greenhouse
7 months 15 days ago
I would like to know can the office of attorney general can stop garnishment of my social security disability and credit me the difference when they started garnishing my ssdi. My daughter was receiving 427 a month from my disability and now she is receiving 759 a month. The social security is also paying her back pay in the amount of 18616 from the date I filed for my disability. I only owed 7716 dollars in back pay. I have a order for modifications change that was approved since I only get 1518 a month from my disability. I was… Read more »
Carlos Greenhouse
7 months 15 days ago

Please reply to my question because my daughter is now receiving auxiliary child support disability benefit

3 years 9 months ago

Hi my name is jennifer my boyfriend and i have had his son who is 16 since last dec2011 and he is still being garnished child support…we havent been able to aford to go to court but is there something we can do like online form and file with arkansas court?

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